The following excerpt is from Kennedy v. Los Angeles Police Dept., 901 F.2d 702 (9th Cir. 1990):
8 It is worth noting that, were we to depart from a reasonable suspicion standard for this part of the analysis, we would be required to construct a new level of cause. Reasonable suspicion, the standard for minor offenses, is the least protective constitutional standard. Because a felony denotes a more serious criminal classification, we would be forced to design a standard lower than reasonable suspicion. See United States v. Montoya de Hernandez, 473 U.S. 531, 540-41, 105 S.Ct. 3304, 3310-11, 87 L.Ed.2d 381 (1985) (rejecting "clear indication" as a "third verbal standard in addition to 'reasonable suspicion' and 'probable cause' " and noting that "subtle verbal gradations may obscure rather than elucidate the meaning of the provision in question").
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